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Washington Amendment to Prenuptial or Premarital Agreement

State:
Washington
Control #:
WA-00590-C
Format:
Word; 
Rich Text
Instant download

Description

This form is an amendment to a premarital agreement for the State of Washington. The parties may use this form to make amendments or additions to an existing premarital agreement. Both parties are required to sign the amendment in the presence of a notary public.

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FAQ

Typically, prenups cost around $2,500, but can cost more if you spend a while haggling out various issues.

To ensure that a prenuptial agreement is fully enforceable in the Washington courts, the following requirements must be met: The agreement must be in writing.If there is no marriage, the agreement is unenforceable. The agreement should contain a list of the parties' assets, liabilities, and income.

Omitting an asset, even if just by accident, can void the entire agreement. The prenup loophole is that, should the agreement come into a court setting, the only thing one side has to do is find a legitimate asset that was excluded when the agreement was executed. As the law goes, ignorance is no excuse.

A prenup can also be overturned if one or both parties change their mind after initially signing the agreement. They may decide at that time to sign a new agreement suspending the prenup.

Prenuptial agreements, if drawn up and executed correctly, are legally binding and are usually upheld in court. One recent, high-profile case, however, has shown that prenups are not always ironclad.

The courts will not enforce illegal terms in a prenuptial agreement. The courts also will not enforce verbal prenuptial agreements. If someone wishes to enforce the terms of a prenup in California in court, he or she must have a written, signed and notarized legal document.

As long as you and your spouse agree, your prenuptial agreement can be changed. To create an amendment to a prenup, you can either add to the original contract or sign a separate contract that modifies the terms of the initial agreement.

You cannot amend your prenuptial agreement after marriage. What you can do is prepare a post-nuptial agreement to make the necessary amendments. A post-nuptial agreement requires similar disclosure so you again will need to exchange full financial disclosures with your husband.

Find an attorney. consult with the attorney. potentially negotiate the terms of the agreement. make all modifications as needed (some attorneys are pretty busy!) arrange to sign the agreement in front of witnesses and a notary. get back to the business of getting married!

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Washington Amendment to Prenuptial or Premarital Agreement